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MOON v. SOME

24503/17E. Appeal No. 12715. Case No. 2020-01417.

189 A.D.3d 628 (2020)

139 N.Y.S.3d 24

2020 NY Slip Op 07713

Jung Ung Moon, Plaintiff, and Soo Hyun Go, Appellant, v. Kumbee Ree P Some, Respondent, et al., Defendant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 22, 2020.

Attorney(s) appearing for the Case

Law Offices of Andrew Park, P.C., New York ( Andrew Park of counsel), for appellant.

Robert D. Grace , Brooklyn, for respondent.

Concur—Acosta, P.J., Oing, Scarpulla, Mendez, JJ.

Defendant met his prima facie burden with respect to plaintiff's claim of serious injury to her lumbar spine by submitting the affirmed reports of an orthopedist, who noted normal range of motion in her lumbar spine (see Haniff v Khan, 101 A.D.3d 643, 643 [1st Dept 2012]), and a radiologist, who concluded that the positive findings in plaintiff's lumbar spine MRI were preexisting, degenerative, and not causally related to the accident...

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